NJ Notary Maximum Allowable Fees 2 — Questions and Answers
Question 1: Under New Jersey law, what is the maximum fee a notary public may charge per notarial act?
- $2.50 per act
- $5.00 per act
- $10.00 per act (Correct answer)
- $25.00 per act
Correct answer: $10.00 per act
New Jersey law sets the maximum fee for notarial acts at $2.50 per act for traditional notarizations. For electronic/remote notarizations, higher fees may apply.
Under N.J.S.A. 52:7-19, the maximum fee a New Jersey notary may charge for a traditional (in-person) notarial act is $2.50 per act. This is set by statute. Notaries may charge less or provide free service but may not exceed this amount for traditional acts. Remote Online Notarization (RON) may have different fee allowances under separate regulations. Exceeding the maximum fee is a statutory violation.
Question 2: A New Jersey notary notarizes 5 separate signatures on a document at one appointment. What is the maximum total fee the notary may charge?
- $2.50 total for the entire appointment
- $5.00 total regardless of the number of acts
- $12.50 total ($2.50 per act × 5 acts) (Correct answer)
- $25.00 as a reasonable professional fee
Correct answer: $12.50 total ($2.50 per act × 5 acts)
The maximum fee applies per notarial act. If 5 separate notarial acts are performed, the notary may charge up to $2.50 per act, for a maximum of $12.50 total.
New Jersey's maximum fee of $2.50 applies per individual notarial act. If a notary performs 5 separate notarial acts at one session (e.g., notarizing 5 different signatures each requiring its own certificate), the notary may charge up to $2.50 × 5 = $12.50. The maximum is not a per-session cap — it is a per-act cap. Of course, the notary may always charge less.
Question 3: Under New Jersey law, may an employer require an employed notary to provide free notarization services to the employer's customers as part of their job duties?
- No, an employer cannot restrict a notary's right to charge fees
- Yes, an employer may require an employed notary to notarize without charging clients (Correct answer)
- Only if the notary also receives tips from clients
- Only if the notary's base salary exceeds $50,000 per year
Correct answer: Yes, an employer may require an employed notary to notarize without charging clients
An employer may require an employed notary to provide notarization services without charging clients as a condition of employment. This is a common arrangement in banks and real estate offices.
New Jersey law sets a maximum fee that a notary may charge — it does not require a notary to charge any fee. An employer can legitimately require an employed notary to perform notarial services as part of their job without charging clients, as a condition of employment. This is routine at many businesses (banks, real estate offices, insurance companies). The notary is compensated through their salary rather than per-act fees in these arrangements.
Question 4: A New Jersey notary who routinely charges $10 per notarial act is:
- Complying with the law since $10 is a reasonable professional fee
- Violating the law by exceeding the $2.50 maximum fee (Correct answer)
- Exempt from the fee cap if they hold professional credentials
- Permitted to charge $10 only for real estate closings
Correct answer: Violating the law by exceeding the $2.50 maximum fee
Charging $10 per notarial act exceeds New Jersey's maximum fee of $2.50 per act and is a statutory violation regardless of the notary's professional credentials.
New Jersey's statutory maximum fee for traditional notarial acts is $2.50 per act. Charging $10 per act exceeds this limit by $7.50 per act. This is a violation of N.J.S.A. 52:7-19 regardless of the type of document, the notary's professional background, or the circumstances of the transaction. The notary can face disciplinary action, civil penalties, and potential commission revocation for consistently overcharging.
Question 5: When a New Jersey notary charges a fee, what must they do according to state regulations?
- Remit 10% of all fees collected to the State Treasurer
- Post a schedule of fees conspicuously visible to clients (Correct answer)
- Provide a written receipt for every notarial fee collected
- Charge the same fee to all clients regardless of document type
Correct answer: Post a schedule of fees conspicuously visible to clients
New Jersey notaries who charge fees must post a schedule of fees in a location visible to clients seeking notarial services.
New Jersey regulations require that notaries who charge fees for notarial services post a fee schedule in a visible location accessible to persons seeking notarial acts. This transparency requirement protects the public from surprise charges and allows clients to know what to expect before services are rendered. The notary does not pay a portion of fees to the state, is not required to provide formal written receipts (though this is good practice), and may charge different fees for different act types as long as none exceed the maximum.
Question 6: May a New Jersey notary charge a travel fee on top of the maximum $2.50 notarial fee when traveling to a client's location?
- No, the $2.50 cap covers all charges for any notarial service
- Yes, a reasonable travel fee may be charged separately from the notarial fee (Correct answer)
- Yes, but only if the client is more than 25 miles away
- No, travel fees require special authorization from the State Treasurer
Correct answer: Yes, a reasonable travel fee may be charged separately from the notarial fee
The $2.50 maximum applies to the notarial act itself. New Jersey permits notaries to charge a separate, reasonable travel fee for traveling to a client's location, in addition to the notarial fee.
New Jersey's fee statute caps the fee for each notarial act at $2.50 but does not prohibit notaries from separately charging a reasonable travel or mobile notary fee when they travel to provide services. The travel fee is for the notary's time and transportation costs and is separate from the notarial act fee. The travel fee should be disclosed to the client in advance and should be reasonable in relation to actual travel costs.
Under New Jersey law, what is the maximum fee a notary public may charge per notarial act?